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New Delhi, January 19
The Supreme Court on Thursday reserved order on the bail plea of Union Minister Ajay Kumar Mishra's son in the Lakhimpur Kheri violence case.
Earlier, the Uttar Pradesh government opposed the bail plea.
Additional Advocate General for Uttar Pradesh Garima Prashad told a bench of Justice Surya Kant and Justice JK Maheshwari that the crime is grave.
"It is a grave and heinous crime and (granting bail) will send a wrong signal to society," she said after the court asked her what the ground for opposing the bail plea was.
The top court said about the grave and heinous crime there are two versions and it cannot comment on any of the versions.
"We are taking prima facie view that he is involved and he is an accused and not innocent. Is it the state's case that he has attempted to destroy evidence?" the bench asked.
To this, the additional advocate general replied, "That has not happened till now."
Senior advocate Dushyant Dave, appearing for those opposing the bail plea, said the grant of bail would send a terrible message to society. "It's a conspiracy and a well-planned murder. I will show from the charge sheet... He is the son of a powerful man being represented by a powerful lawyer," he said.
Senior advocate Mukul Rohatgi, appearing for Mishra, strongly opposed Dave's submission and said, "What is this? Who is powerful? We are appearing every day. Can this be a condition to not grant bail?"
Rohatgi submitted that his client had been in custody for more than a year and the way the trial is going, it would take seven to eight years to complete it. He stated that Jagjeet Singh, who is the complainant in the case, is not an eyewitness and his complaint is just based on hearsay.
"My client got bail in the first instance. This is not a cock and bull story and there is truth in my story," Rohatgi said, adding that his client is not a criminal and there are no past records.
Hearing in the matter is under way.
On October 3, 2021, eight people were killed in Lakhimpur Kheri district's Tikunia in a violence that erupted when farmers were protesting against then Uttar Pradesh deputy chief minister Keshav Prasad Maurya's visit to the area.
According to the Uttar Pradesh Police FIR, four farmers were mowed down by an SUV, in which Ashish Mishra was seated. Following the incident, a driver and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence.
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